Police Department Policy

UCSF_02.09.05_-_Military_Equipment_Acquisitio_2794643

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 2.9 Agency -Owned Property 2.9.5 Military Equipment Acquisition an d Use (Issued: 8/17/22 ) A. Purpose and Scope The purpose of this policy is to provide guidance on the acquisition , use and reporting requirements of military equipment . B. Philosophy The acquisition of military equipment and its use in the community affect public safety and public welfare. The public has the right to be informed about the funding, acqu isition and use of military equipment by local government entities and to participate in the decision - making process of those entities to fund, acquire or use military equipment. Decisions on whether or how military equipment will be funded, acquired or used shou ld strong ly consider pu blic welfare , public safety, civil rights and civil liberties and be based on meaningful public input. C. Definition s 1. Governing Bod y: The elected or appointed body that oversees a law enforcement agency 2. Military Equipmen t includes the following: a. Unm anned, remotely -piloted, powered aerial or ground vehicles b. Mine -resistant, ambush -protected (MRAP) vehicles or armored personnel carriers , excluding police versions of standard consumer vehicles c. High mobility, multipurpose, wheeled vehicles (HMMWV or “Humvees”), two and one -half-ton trucks, five -ton trucks or wheeled vehicles with breaching or entry apparatus attache d. Armored all -terrain vehicles (ATVs) and motorized dirt bikes are excluded d. Tracked, armored vehicles that provide ballistic protection to occupants e. Command and control vehicles built or modified to facilitate the operational control and direction of public safety units f. Weaponized aircraft, vessels or vehicles of any kind g. Battering rams, slugs and breaching apparatus es that are explosive in nature. This does not include a handheld ram designed to be operated by one person h. Firearms of 0.50 caliber or greater , excluding standard issue shotguns i. Ammunition of 0.50 calib er or greater , excluding standard issue shotgun ammunition j. Specialized firearms and ammunition of less than 0.50 caliber, including assault weapons as defined in PC §§ 30510 and 30515, with the exception of standard issue service weapons and ammunition of less than 0.50 caliber issued to officers, agents or employees of a law enforcement agency or state agency University of California, San Francisco Police Department General Orders 2 k. Any firearm or firearm accessory that is designed to launch explosive projectiles l. Noise -flash diversionary devices and explosive breaching t ools m. Munitions containing tear gas or OC, excluding standard, service -issued , handheld pepper spray n. Taser Shockwave, microwave weapons, water cannons and Long Range Acoustic Device s (LRAD s) o. 40 mm projectile, “bean bag,” rubber bullet and specialty impact munition (SIM) weapon launch platform s and associated munitions p. Any other equipment determined by a governing body or state agency to require additional oversight as “military equipment .” 3. Military Equip ment Use Polic y: A publicly -released, written document governing the use of a type of military equipment by a law enforcement agency or state agency , that includes, at a minimum, all of the following: a. Description of the type of military equipment , quantity sought by the a gency and the expected lifespan and manufacturer description of the equipment b. Purpose and authorized uses of the equipment c. Fiscal impact, including the initial cost of obtaining the equipment and annual maintenance cost s d. Legal and procedural rule s governing authorized use of the equipment e. Training that must be completed before personnel are allowed to use the equipment to ensure full protection of public welfare, safety, civil rights and civil liberties and adherence to the equipment use policy f. Mechanisms to ensure compliance with the use policy , including wh ich independent persons or entities have oversight authority and, if applicable, legally -enforceable sanctions for violations of the policy g. Procedure by which members of the public ma y register complaints/concerns or submit questions about the use of the military equipment and which ensures the Department will respond to each complaint, concern or question in a timely manner. 4. State Agency : The law enforcement division of every California state office, officer, department, division, bureau, board, commission or other body or agency, except as provided for in Article IV (except for Section 20) or Article VI of the California Constitution. 5. Type: Each item sharing the same manufacturer model number. (Government Code § 7070) D. Military Equipment Use Policy 1. The Chief of Police or his/her designee shall obtain approval for the Departmen t’s military equipment use policy from the Regents of the University of California (UC Regents) , in the form of an ordinance, prior to engaging in any of the following: a. Requesting military equipment pursuant to Title 10 of the US Code § 2576 (a) University of California, San Francisco Police Department General Orders 3 b. Seek ing funds for military equipment , including, but not limited to, applying for a grant, soliciting or accepting private, local, state or federal fund, in

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